This information is being requested from issuers of tax-exempt bonds who issue bonds subject to the new volume cap or utilize proceeds of mortgage revenue bonds to refinance certain qualified subprime mortgage loans, as provided in the Housing Assistance Tax Act of 2008, enacted July 30, 2008 (Â2008 Housing ActÂ). We are asking issuers to report bonds issued pursuant to the new volume cap on existing form 8038 that is already required to be filed in connection with bond issues, and issuers of mortgage revenue bonds to attach a schedule to the 8038 providing a reasonable estimate of the total expected principal amount that will be utilized to refinance qualified subprime mortgage loans. We are asking issuers to file a second copy of an existing IRS Form 8328 in order to make the election to carry forward additional volume cap provided under the 2008 Housing Act that remains unused at the end of calendar year 2008.
The information required to be reported with respect to bond issues on IRS Form 8038 is mandated by section 149(e) of the Internal Revenue Code. The filing of IRS Form 8328 is the manner in which issuers make the election to carry forward unused volume ceiling pursuant to section 146(f) of the Internal Revenue Code.
This Notice must be issued immediately in order to provide the allocation of the additional volume cap for tax-exempt bonds provided by the 2008 Housing Act and to provide guidance with respect to the use of proceeds of tax-exempt bonds for the refinancing of qualified subprime mortgage loans.
US Code:
26 USC 149(e)
Name of Law: Information reporting.
US Code:
26 USC 146(f)
Name of Law: Elctive carryforward of unused limitations for specified purpose.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.